The judgment of the first instance shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The gist of grounds for appeal (misunderstanding of facts about mental and physical disorder and improper sentencing);

A. The Defendant committed each of the crimes in this case under the state that he lacks decision-making capacity due to the existence and drinking of damp alcohol.

(b)the punishment sentenced by the first instance court (five million won in penalty) is too unreasonable;

2. According to the evidence duly adopted and examined by the first instance court and the first instance court of the single concurrent crimes after Article 37 of the Criminal Act, it is recognized that the defendant was sentenced to one year of imprisonment and a fine of 300,000 won in the Seoul Central District Court on December 1, 2016, which became final and conclusive on June 2, 2017. Each of the crimes in the first instance judgment against the defendant and the above crimes for which the judgment became final and conclusive on June 2, 2017 are concurrent crimes after Article 37 of the Criminal Act and should be sentenced in consideration of equity with the case where the judgment is rendered simultaneously in accordance with the first sentence of Article 39(1) of the Criminal Act. Therefore, the judgment of the first instance court cannot be maintained in this respect.

3. According to the conclusion, the judgment of the first instance court is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion, and the judgment is reversed, and it is again decided as follows.

[Grounds] The summary of facts constituting a crime and evidence admitted by the court is added to the first instance judgment of the Seoul Central District Court of Seoul on December 1, 2016 that "the defendant is a person who was sentenced to one year of imprisonment and a fine of 300,000 won for fraud, etc. at the Seoul Central District Court of Seoul on June 2, 2017." The summary of evidence "the summary of evidence" is the same as the corresponding column of the judgment of the first instance except for adding "1. previous conviction of the judgment: the text of the judgment" to "the judgment of the court of first instance". Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 347 (3) 1 of the Punishment of Minor Offenses Act (the point of cancellation of the official order), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance) of the same Act concerning the crime, and the selection of fines;

1. The Criminal Act dealing with concurrent crimes;